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sudhan ( Officer)     19 August 2012

Will property

my friend received the property through the "registerd  will" from his grand father, his Grand father died 3 years ago, his grand father had two son's one died and second son is staying away in other city, know second son is 

approaching my friend to give share in property. my friend is son of elder son of  the grand papa,who has take care of grand pa, during his life time,second son has not taken care of his father during his life time,  but know he needs a share in property, do my friend wants to give the share in property i? can he sale the property ? can his uncle file the suite  against my friend ?

please advise what best can be dont in his case.




 4 Replies

Anish Thakur 7018812737 (advocate)     19 August 2012

dear querist ,

if the property in question is self acquired by the grand father of your friend then the will is totally valid and your friend dnt have to give any share to the that person but if the property in matter and whose will is made by the grandfather is ancessotsral property then that person is liable to get his share from the property no matter he had taken care or not,however the share holding by yours friends grandfather in the property will remain stand in favour of your friend through this will.feel free to call

Adv.R.P.Chugh (Advocate/Legal Consultant (     19 August 2012

Advised correctly by Anish. 

sachin kumar (engineer)     19 August 2012


My father bought a piece of father died 25 years back and my mother died 8 years back.we are 4 brothers & 3 sisters in all(Total 7).
But before dying they didn't make the will and have not divided there land (property) between seven (7) of us.
My father and the Elder most brother built the house on that land.But that land was of my I and one brother doesnt live there because of our job,and the eldermost and one brother live in that house.
At present the smallest brother lives in ground floor and my eldest brother lives in first floor.i and my another brother has not got anything yet.
my elder brother is not saying anything,now his age is around 70 yrs.My 3 (three)sisters are well settled so they are not very interested in thing more my father died very early so my elder brother done the marriege of all the 3(three) sisters and 2 brothers.
so he also says that he has done many thing for the family so he will not give anything. But according to the Law all are equal and equal partners of that property.
Before dying my mother said me several times that your eldest brother will take this home from you by hook or crook. now when i asked him about the house he said to make 2nd floor and start living in it and he also told me that this house's ground floor and 1st floor  is made by him and by my father together. but as per the structure is considered my father told me 20 years back that only ground and 1st floor  can be made on this land.and if now i want to live in that house according to my elder brother i have to make 2nd floor on pillers which will cost me very high amount/cost.
i really dont know what to do...kindly guide me can guide me in a better way..please tell me what court says in these type of cases.
please advise what best can be dont in his case.

raj kumar ji (LAW STUDENT )     22 August 2012

anis or chug sir is right saying

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